The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-09-01
AN ELECTIVE JUDICIARY RESPONSIBLE
FOR DISREGARD OF LAW.

The most serious obstacle in the way of
the enforcement of law in Texas Is the
dependency of the judiciary and all its
agents upon political action. The su-
preme, appellate and district judges
should not be elective officers, or if so,
they should be elected for very long terms
and be subject to removal for cause. And
at the same time the district attorney
should be put further without the reach of
political and communicating influences, by
making his term at least twice as long as
at present. For, as it is now, if district
attorney is elected say on some reform
movement, the good and thorough work
he may do the first year in Office is de-
tracted from and its effect dulled by half
hearted effort and the desire to truckle to
political influence during the second year,
that he may gain reelection. The in
stability incident to constantly recurring
elections, and consequent reliance upon
public popularity that is, as rule, OPP
posed to that stern sense of justice that
should be the rule of law and its enforce
ment by the judiciary, are the prime
causes of the laws delays, the post
ponements and the wholesale condoning
of offenses that should be vigorously
prosecuted and punished. Take San An
tonic, at this time, as an illustration of
our meaning. In that strong anti-prohi-
bition district the new Sunday law seems
to be very obnoxious, or at all events it
is very generally disregarded. Such action
not only brings contempt upon all anti
prohibitionists, as the example of that
city can, in this matter, be pointed to as
illustrative of the disregard that saloon
men and their friends have for the laws,
but it is in essence and effect subversivs
of all law. Yet, at the same time, are
not the prohibitionists of San Antonio also
responsible for the very general, if not
absolute, disregard of this law in that
city! What have the prohibitionists, who
claim as their ambition the privilege of
stopping the abuses of the liquor traffic,
done to help carry out this law? Have
they made any complaints against saloon
men who have been keeping open their
places of business on Sunday! If they
have not, how can they expect anti
prohibitionists, who never laid claim to
their high, moral and religious idea, to
take up and do their work for them?
But the authorities should not of right
wait for the people to act, when
the violation of law is as open
and patent as it is in
San Antonio. They are officers sworn to
enforce the law, and that they don't do it
Is proof that they fear to attempt it, and
this fear is based on their knowledge of
the political drift of public opinion, on
which they must build their hopes of
future tenure of office; and Just here it is
where the evil of our elective judicial sys-
tenn is made apparent. These men will
not cut their political throats by enforcing
an unpopular law, and they hope and ex-
pect to be supported by their constituents,
even though they may act in defiance of
their well recognized and sworn duty.
How, then, can we hope to see the laws
enforced? They can never be until in
chance instances men of sterling honor
apA manhood are put in power who do not
fear to do their duty, even in invitation of
their OVID political destruction, or unless